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                                                      PRINTER'S NO. 2398

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1578 Session of 2008


        INTRODUCED BY FOLMER, BROWNE, WONDERLING AND PICCOLA,
           SEPTEMBER 18, 2008

        REFERRED TO STATE GOVERNMENT, SEPTEMBER 18, 2008

                                     AN ACT

     1  Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
     2     "An act concerning elections, including general, municipal,
     3     special and primary elections, the nomination of candidates,
     4     primary and election expenses and election contests; creating
     5     and defining membership of county boards of elections;
     6     imposing duties upon the Secretary of the Commonwealth,
     7     courts, county boards of elections, county commissioners;
     8     imposing penalties for violation of the act, and codifying,
     9     revising and consolidating the laws relating thereto; and
    10     repealing certain acts and parts of acts relating to
    11     elections," in party organization, further providing for
    12     definition of political parties and political bodies; and, in
    13     nomination of candidates, further providing for nominations
    14     by minor political parties and for nominations by political
    15     bodies.

    16     The General Assembly finds and declares as follows:
    17         (1)  The Commonwealth's election laws hinder the entry
    18     into the electoral process of independent candidates, thereby
    19     limiting the electoral choices available to voters of this
    20     Commonwealth.
    21         (2)  The political system of the Commonwealth should be
    22     electorally inclusive in order to promote the broadest range
    23     of issue discussion and candidate selection.
    24         (3)  Enhanced ballot access for all candidates will

     1     ensure a more democratic election process.
     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4     Section 1.  Section 801 (a) of the act of June 3, 1937
     5  (P.L.1333, No.320), known as the Pennsylvania Election Code,
     6  amended December 22, 1971 (P.L.613, No.165), is amended to read:
     7     Section 801.  Definition of Political Parties and Political
     8  Bodies.--
     9     (a) Any party or political body, one of whose candidates at
    10  the general election next preceding the primary polled in each
    11  of at least ten counties of the State not less than two per
    12  centum of the largest entire vote cast in each of said counties
    13  for any elected candidate, and polled a total vote in the State
    14  equal to at least two per centum of the largest entire vote cast
    15  in the State for any elected candidate, or that has twenty-one
    16  days prior to the date of the primary election, registered in
    17  the name of that party a number of voters equal to at least five
    18  one-hundredths of one per centum of the total number of voters
    19  registered in the entire State as of December 31 of the year
    20  immediately preceding the primary election is hereby declared to
    21  be a political party within the State, and shall nominate all
    22  its candidates for any of the offices provided for in this act,
    23  and shall elect its delegates and alternate delegates to the
    24  National convention as party rules provide. State committee
    25  members, and also such party officers, including members of the
    26  National committee, as its rules provide, shall be elected by a
    27  vote of the party electors, in accordance with the provisions of
    28  this act and party rules.
    29     * * *
    30     Section 2.  Section 912.2 (a) and (b) of the act, added
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     1  February 19, 1986 (P.L.29, No.11), are amended to read:
     2     Section 912.2.  Nominations by Minor Political Parties.--(a)
     3  Notwithstanding any other provision in this act to the contrary,
     4  minor political parties shall nominate all of their candidates
     5  for the offices to be filled at the ensuing November election
     6  pursuant to section 903 in accordance with the [requirements of
     7  section 951, other than subsection (e)(6) and (7) thereof, and
     8  section 954, and shall obtain the required signatures during the
     9  same time frame available to political bodies.] provisions of
    10  this act and the minor political party rules, and shall notify
    11  the Secretary of the Commonwealth in writing of the candidates
    12  at least eight weeks in advance of the municipal or general
    13  election. Minor political parties shall be subject to the
    14  provisions of this act applicable to political parties with
    15  respect to special elections, voter registration forms,
    16  substituted nominations and all other purposes except as
    17  otherwise expressly provided in this section. "Minor political
    18  party" shall mean a political party as defined in section 801(a)
    19  or (b) whose State-wide registration is less than fifteen per
    20  centum of the combined State-wide registration for all State-
    21  wide political parties as of the close of the registration
    22  period immediately preceding the most recent November election.
    23  The Secretary of the Commonwealth shall prescribe forms or, if
    24  there is insufficient time, make appropriate conforming changes
    25  in existing forms to carry out the purposes of this section.
    26     [(b)  All nomination papers circulated and filed pursuant to
    27  this section shall specify--(1) the name or appellation of the
    28  minor political party which the candidates nominated thereby
    29  represent and, in the case of electors for President and Vice
    30  President of the United States, the names of the candidates for
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     1  President and Vice President of such minor political party; (2)
     2  the name of each candidate nominated therein, his profession,
     3  business or occupation, if any, and his place of residence with
     4  street and number, if any; and (3) the office for which such
     5  candidate is nominated. No words shall be used in any nomination
     6  paper to designate the name or appellation of the minor
     7  political party represented by the candidate's name in such
     8  nomination paper which are identical with or deceptively similar
     9  to the words used for a like purpose by any minor political
    10  party which has already filed nomination papers for the same
    11  office. Any petition to set aside a nomination paper on account
    12  of the name or appellation used therein, or involving the right
    13  of the signers thereof to use such name or appellation, or on
    14  any other account, shall be decided as in the case of other
    15  petitions to set aside nomination papers, in the manner provided
    16  by this article.]
    17     * * *
    18     Section 3.  Section 951(b) of the act, amended December 22,
    19  1971 (P.L.613, No.165), is amended to read:
    20     Section 951.  Nominations by Political Bodies.--* * *
    21     (b)  Where the nomination is for any office to be filled by
    22  the electors of the State at large, the number of qualified
    23  electors of the State signing such nomination paper shall be at
    24  least equal to [two per centum of the largest entire vote cast
    25  for any elected candidate in the State at large at the last
    26  preceding election at which State-wide candidates were voted
    27  for. In the case of all other nominations, the number of
    28  qualified electors of the electoral district signing such
    29  nomination papers shall be at least equal to two per centum of
    30  the largest entire vote cast for any officer, except a judge of
    20080S1578B2398                  - 4 -     

     1  a court of record, elected at the last preceding election in
     2  said electoral district for which said nomination papers are to
     3  be filed, and shall be not less than the number of signers
     4  required for nomination petitions for party candidates for the
     5  same office. In cases where a new electoral district shall have
     6  been created, the number of qualified electors signing such
     7  nomination papers, for candidates to be elected at the first
     8  election held after the creation of such district, shall be at
     9  least equal to two per centum of the largest vote cast in the
    10  several election districts, which are included in the district
    11  newly created, for any officer elected in the last preceding
    12  election.] the number of signers required under section 912.1.
    13     * * *
    14     Section 4.  This act shall take effect immediately.











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